We've been alarmed for quite a while....

There are always forces of control and repression in any society. Those
forces used Sept 11 to get their way on a number of issues that they had
failed to achieve before hand.

The US will need some 20 years to recover internationally from Iraq and the
'war on terror'. It will need some 15 years minimum to recover from the
staggering national debt that Bush has run up.  Some, like Prestowitz, argue
that we may now simply lack the manufacturing base to so in the foreseeable
future.

But my guess is that it will take another 20 years to recover legally from
the internal civil rights losses that Bush/Ashcroft have visited upon us.

And now Israel has demanded that the US give it 2.2 billion to 'pay' for its
pullout of Gaza and a few token small settlements in the West Bank. As if
the US hadn't warned Israel that those settlements and all the others are
illegal under international law.

What a mess.

-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Sally Lerner
Sent: Monday, July 11, 2005 1:46 PM
To: [email protected]
Subject: [Futurework] US slippery slope

Anybody really alarmed there yet??   Sally

[The New York Times]
July 11, 2005
Unnecessary Powers

The Patriot Act already gives government too much power to spy on 
ordinary Americans, but things could get far worse. Congress is 
considering adding a broad new investigative power, known as the 
administrative subpoena, that would allow the Federal Bureau of 
Investigation to gain access to anyone's financial, medical, 
employment and even library records without approval from a judge and 
even without the target knowing about it. Members of Congress should 
block this disturbing provision from becoming law.

The Senate is at work on a bill to reauthorize parts of the Patriot 
Act that are scheduled to expire later this year. In addition to 
extending those provisions, the Senate Intelligence Committee is 
proposing to add an array of new "investigative tools." The 
administrative subpoena is not the only one of the new provisions of 
the current bill that would endanger civil liberties, but it is the 
worst.

When the F.B.I. wants access to private records about an individual, 
it ordinarily needs to get the approval of a judge or a grand jury. 
The proposed new administrative subpoena power would allow the F.B.I. 
to call people in and force them to produce records on its own 
authority, without approval from the judicial branch. This kind of 
secret, compelled evidence not tied to any court is incompatible with 
basic American principles of justice. It would also make it far 
easier for the F.B.I. to go off on fishing expeditions.

The bill would allow the F.B.I. to order that the subpoenas be kept 
secret. That means record holders, like banks or employers, would not 
be able to inform the person whose private information was being 
handed over. It would also make it difficult for Congress, and the 
public, to know whether the F.B.I. was abusing its enormous new 
powers.

Defenders of the bill argue that a subpoena could still be challenged 
in court, but this is a hollow right. In many cases, the person whose 
records would be turned over - who has the greatest incentive to 
fight the subpoena - would not know what was going on. The record 
holder, who would be in a position to challenge the subpoena, may 
have little incentive to spend the money and time to do so.

The bill's defenders note that administrative subpoenas are already 
allowed in other kinds of investigations. But these are generally in 
highly regulated areas, like Medicaid billing. The administrative 
subpoena power in the new bill would apply to anything the F.B.I. 
deemed related to alleged foreign intelligence or terrorism, and 
could, in practice, give the F.B.I. access to almost any private 
records it wanted.

The proposed new administrative subpoena power is a solution in 
search of a problem. In testimony before Congress, the F.B.I. could 
not point to examples of national security investigations that were 
deterred by its lack of administrative subpoena power.

There could be a case that the F.B.I. should have this power in true 
emergencies, but that would require a very narrowly drawn provision 
that applied only in exigent circumstances. The Senate is considering 
something far more sweeping and dangerous: giving the F.B.I. an 
open-ended license to invade the privacy of ordinary Americans.



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